Opinion

Malone v. Bush

Court
District Court, District of Columbia
Filed
Nov 5, 2010
Status
Published
On the bench
Judge Rosemary M. Collyer
Nature of suit
Civil
Cited by
0 cases
Authority
More cited than 31.4%

The opinion

UNITED STATES DISTRICT COURT

FILED

FORTHE DISTRICT OF COLUMBIA NOV - 5 2010

Clerk, U.S. District & Bankruptcy

Courts for the District of Columbia

)

Joan F. M. Malone, )

)

Plaintiff, )

)

v. ) Civil Action No. 10 1902

)

Former President )

George Bush Sr. et al., )

)

Defendants. )

)

MEMORANDUM OPINION

This matter is before the Court on its initial review of plaintiff s pro se complaint and

application for leave to proceed in forma pauperis. The Court will grant the in forma pauperis

application and dismiss the case because the complaint fails to meet the minimal pleading

requirements of Rule 8(a) of the Federal Rules of Civil Procedure and is frivolous.

Pro se litigants must comply with the Federal Rules of Civil Procedure. Jarrell v. Tisch,

656 F. Supp. 237, 239 (D.D.C. 1987). Rule 8(a) of the Federal Rules of Civil Procedure requires

complaints to contain "(1) a short and plain statement of the grounds for the court's jurisdiction

[and] (2) a short and plain statement of the claim showing that the pleader is entitled to relief."

Fed. R. Civ. P. 8(a); see Ashcroft v. Iqbal, 129 S.Ct. 1937, 1950 (2009); Ciralsky v. CIA, 355

F.3d 661,668-71 (D.C. Cir. 2004). The Rule 8 standard ensures that defendants receive fair

notice of the claim being asserted so that they can prepare a responsive answer and an adequate

defense and determine whether the doctrine of res judicata applies. Brown v. Califano, 75

F.R.D. 497,498 (D.D.C. 1977) ..

/

fl

,/

Plaintiff, a District of Columbia resident, sues former President George H. W. Bush, other

former high-level officials and District of Columbia Mayor Adrian Fenty but for what conduct is

unknown. The complaint, consisting mostly of disjointed words and phrases, fails to provide any

notice of a claim and is simply frivolous. 1 A separate Order of dismissal accompanies this

Memorandum Opinion.

Date: November~, 2010

1 This complaint is one of five such submissions received by the Clerk's Office on the

same day. Each complaint names a different set of defendants but is otherwise the same.

Moreover, the Court recently dismissed another of plaintiffs complaints as frivolous. Malone v.

us. President Barack Obama, No. 10-1826 (D.D.C. Oct. 28, 2010). Plaintiff is warned that her

persistence in filing similar lawsuits may result in the Court imposing restrictions on her ability

to file cases in this Court.

2

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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